Rent payment
kaushikphm
(Querist) 17 October 2008
This query is : Resolved
Dear Sir,
I,mysister and my uncle(Father's brother)
are co owners in a Shop which was letout
in the year 1996 by a registered lease till
June 2008. My Uncle as a senior member in our family,is receiving the entire rent
till now and issuing rent receipt.
He was giving monthly payment for my share and my sister till 1999 and stop thereafter.
In the year 2007,I send a letter to tenant
to pay my share directly to me.
I send a advocate notice to tenant and
copy to my uncle.But, I received no reply from both.
So, I filed a case for eviction in the ground of willful default.
I made myuncle and mysister as respondant with tenant.In counter, my sister is favouring me in the preceding.
But, the tenant is paying entire rent to my uncle till date.
Could you please advice me for the further steps.
Tribhuwan Pandey
(Expert) 17 October 2008
You have not mentioned that is there any clause in the agreement to whom the rent will be payable. As you have said your Uncle as a senior member in your family,is receiving the entire rent and issuing rent receipt. Between 1996 to 1997 you have not disputed the matter. In 1996 to 1997 when you were receiving the rent of your share from your uncle at that time whether you also signed the receipt? What is the position of your uncle and both of you brother and sister in the said agreement. You have to clarify.
Fate of your suit depends on these facts and evidence.
kaushikphm
(Querist) 17 October 2008
Dear Sir,
1. There was no clause in the agreement specifing to whom the rent is payable.
Three of us signed this agreement.
2.we were received rent from my uncle by cheque and not signed any receipt for the same..
3. Position means all are major
Please let me know,if you require further clarifications.
Kiran Kumar
(Expert) 17 October 2008
in my opinion u r entitled to get the eviction done on the ground of non payment of rent since u r also a coowner and party to lease deed.
but when ur tenant will be able to prove that all the rent has been paid to ur uncle then ur tenant will become safe.
in such a case u ll ve to file suit for recovery against ur uncle. since there is no clause for distribution of rent in the agreement, i would suggest u revise the agreement or seek injunction against ur tenant and ur uncle to this extent.
its my considered opinion what my other Learned friends would suggest may kindly be considered.
Adv.Shine Thomas
(Expert) 18 October 2008
Even there is no specified clause in the agreement,according to sec.44 of TP Act,a co-owner has a right to his share.A co-owner has an interest in every portion of the property and has a right irrespective of his quantity of share,to be in possession jointly with others.If a co-owner is deprived of his property right he has a right to get back in possession of the property.You have entitled to get eviction on the ground of non payment of your share of rent.
Tribhuwan Pandey
(Expert) 18 October 2008
If there is no such clause regarding the receipt of the rent and you all have signed the agreement absolutely as ld. friend Shine Thomas has said according to sec.44 of TP Act,a co-owner has a right to his share and you are entitled to get eviction on the ground of non payment of your share of rent But the ld. friend Mr. Kiran Kumar is too right when ur tenant will be able to prove that all the rent has been paid to ur uncle then ur tenant will become safe. Then you will have to file suit for recovery against ur uncle. Since there is no clause for distribution of rent in the agreement better file an injunction suit against the tenant and uncle.
Choice of yours in what position you are better i.e. suite for rent & ejectment or an injunction suit.
K.C.Suresh
(Expert) 19 October 2008
Pl come forward with conditions of the agreement. that is the very meterial documentrelevant in issue. Without going through the agreement it is not safe to give opinion. So Kushik you may give the agreement conditions.
Who are all parties in the document only one or all three? Whether there is condition for payment of rent in equal to three? Your case is eviction umnder Rent control Act i suppose. so first give the details of the agreemnent then we will debate the issue.
kaushikphm
(Querist) 21 October 2008
Dear Sir,
In lease deed Please find the wordings
This deed of lease made between A,B and C
hereinafter called the LESSORS assigns of
the ONE Part and Tenent X called the lesseee as other part.
The lessess shall not make default in the payment of rent etc
Please let me know, if you require further clarification.
Manish Singh
(Expert) 23 October 2008
in spite of being co owners, since you didnt dispute the fact who will receive the payment, will gho against you.
so you should claim your money from your uncle by filing a recovery suit. you can file a summry suit which shall be adjudicated in couple of months only .
kaushikphm
(Querist) 24 October 2008
Dear All,
Thanks for your kind advice.
